INTERNAL BOARD POLICIES: Operations. Appeal Before the Board of Education

Transcription

1 I. Policy Statement INTERNAL BOARD POLICIES: Operations Appeal Before the Board of Education A. Maryland law provides that the Board of Education of Baltimore County (Board) may hold hearings on certain matters arising out of a dispute or for appeals of decisions of the Superintendent. B. Neither the Board as a whole nor any individual member will discuss the case with the aggrieved party, or his/her designated representative, or the Superintendent or his/her staff, prior to final action being taken by the Board. II. Procedural Overview A. All appeals to the Board shall be from a recommendation, final action, or decision of the Superintendent, or the superintendent s designated representative. B. The Board may consider the appeal itself or refer the appeal to a hearing examiner, as authorized by law. If referred to a hearing examiner, the procedures outlined in Board of Education Policy 8341, Appeal Before a Hearing Examiner, shall apply. C. For Board employees requesting an administrative appeal while a grievance on the same subject is being processed in accordance with the formal grievance procedure, such appeal will be held in abeyance until the grievance has reached Level III/arbitration of the Master Agreements procedures. D. It is the responsibility of the party appealing to follow these procedures and to file all documents by the specified deadlines. If an appeal is not filed within the stipulated time period, or if the required documentation to be provided by the party is incomplete, or if the party fails to appear at a scheduled hearing, such failures may constitute sufficient grounds for the Board to dismiss the appeal. III. Applicability 1

2 A. These rules govern appeals and hearings within the quasi-judicial responsibilities of the Board. They are not applicable to proceedings involving the Board s exercise of its legislative or policy-making function. B. Proceedings covered by this policy arise from proceedings pursuant to the Education Article, Sections 6-202(a), 6-203, and 4-205(c). 1. Hearings under Section 6-202(a) are on recommendations of the Superintendent to suspend or dismiss professional and/or certificated personnel. 2. Proceedings under Section 4-205(c) involve appeals from decisions of the Superintendent on controversies and disputes involving the rules and regulations of the Board or the proper administration of the county public school system. 3. Hearings under Section are hearings held under Sections 4-205(c) and 6-202, which were referred by the Board to a hearing examiner. IV. Definitions A. Appellant Means the individual or entity appealing a final decision of the Superintendent or a recommendation of the Superintendent. B. Days Means calendar days. C. Designated Representative Means a party s attorney, advocate, or association/union official. D. File An appeal will be deemed to have been timely filed with the Board if, before the expiration of time, it has been: 1. Delivered to the administrative office of the Board; or 2. Deposited in the United States mail, as registered or certified or express mail, or deposited with a delivery service such as federal express, UPS, or DHL, that provides verifiable tracking of the item from the point of origin. E. Party Means an appellant, respondent, or any person or entity allowed to participate as a party in interest regarding issues outlined in Paragraph II above. 2

3 F. Presiding Officer Means the Chair of the Board, or in the Chair s absence, the vice chair; or in the absence of both, a member designated by the Chair or the Board. G. Written Notice Means to deposit said notice in the United States mail, stamped and addressed to the addressee at the mailing address provided by the appellant or appearing in the records of the Baltimore County Public Schools (BCPS). V. Initiation of Appeals A. All appeals filed with the Board shall be from a final action, decision, or recommendation of the Superintendent, or the Superintendent s designated representative, which adversely affects the person or persons who are appealing. B. The appeal must be in writing and filed with the Board and include the following: 1. The full name, mailing address, and telephone number for each appellant, or that of the appellant s designated representative; 2. A copy of the decision from which the appeal or request for hearing is being taken; 3. A concise statement of the issues presented and the facts about which the person or persons taking the appeal or requesting a hearing. C. Deadlines 1. Each appeal to the Board under Section 4-205(c) shall be initiated by filing a written notice of appeal with the Board within 30 days after written notice of the Superintendent s final action or decision has been issued; or, where written notice is not reasonable, by publication or other communication reasonably designed to be available to persons adversely affected. 2. Each request for a hearing under Section 6-202(a) shall be initiated by noting such request with the Board within 10 days after the written notice of the Superintendent s recommendation that a professional or certificated employee be suspended or dismissed. 3. In computing any period of time prescribed by these procedures or by applicable statute, the date of the Superintendent s decision is not be to included; Saturdays, Sundays, and legal holidays shall be 3

4 counted. In the event that the last day computed falls on a Saturday, Sunday, or school system holiday, the period shall extend to the first day thereafter. 4. For filing of documents with the Board, if the administrative offices of the school system are not open during its regular hours on the last day of the period, the documents shall be filed on the next day thereafter when administrative offices are so open. D. Mailing of Notices and Decisions In all hearings provided for herein, where a party in interest is represented by counsel, an advocate or association/union official, all notices and mailings required by the Board shall be sent to the party s designated representative and such mailing shall constitute official notice to the party. E. Compliance If an appeal is not filed within the time periods set forth above or if an appellant fails to appear at a scheduled hearing, such failure shall constitute sufficient grounds for the Board to dismiss the appeal. VI. Evidentiary Hearings A. Applicability 1. The provisions of this paragraph apply to evidentiary hearings before the Board unless otherwise indicated. 2. The strict rules of evidence shall not apply to hearings conducted before the Board. 3. All testimony shall be given under oath. 4. Hearings will not be held in a public session of the Board, unless the appellant and the Superintendent agree in advance, in writing, or on the record that the hearing be public. B. Notice The Board will provide written notice of the date, time, and location of hearing to all parties. C. Representation 4

5 1. A party may be accompanied, represented, and advised by an attorney or designated representative at all stages of an appeal. 2. If an individual is represented by an attorney or designated representative, the attorney or designated representative shall be responsible for: a. Receiving all notices of hearings; b. Filing of pleadings, motions or other papers; c. Submitting evidence, examining, and cross-examining witnesses; and d. Representing the party before the hearing examiner and at oral argument, if applicable. D. Procedures 1. The party may submit in writing any particulars related to the case which he/she wishes the Board members to have an opportunity to study in advance. The Board will forward a copy of all documents provided by the appellant to the Superintendent. 2. The Superintendent may send to members of the Board any particulars related to the case which he/she wishes the Board members to have an opportunity to study prior to the hearing, with a copy to the aggrieved person or his/her attorney. The Superintendent shall not discuss the case with any member of the Board prior to the hearing. 3. The presiding officer shall have charge of the hearing with authority to permit the examination of witnesses, admit evidence, rule on admissibility of evidence, and adjourn or recess the hearing. 4. The Board shall arrange for the preparation of a stenographic or electronic record of any hearing. 5. Both sides in any hearing shall be given adequate time, in the judgment of the Board, for presentation of facts. Cross-examination shall be permitted, and representatives of both sides shall be given adequate opportunity for rebuttal. 6. In appeals from decisions of the Superintendent or the Superintendent s designee, the Board and its hearing examiner shall follow the standard of review set forth in COMAR 13A VII. Oral Argument Before the Board A. Applicability 5

6 1. The provisions of this paragraph apply to requests for oral argument from a recommendation rendered by a Board hearing examiner. 2. Oral arguments will not be held in a public session of the Board, unless the appellant and the Superintendent agree in advance, in writing, or on the record that the hearing be public. 3. The Board shall arrange for the preparation of a stenographic or electronic record of any oral argument. B. The Board s scheduler shall prepare or cause to be prepared an official record, which shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceedings and provide same to each Board member prior to the scheduled oral argument. C. Oral argument shall be limited to 15 minutes per side, unless the Board indicates otherwise. D. No additional evidence not contained in the record of the hearing will be considered by the Board. VIII. Decision by the Board A. In cases involving a decision of the Superintendent, the Board will not substitute its judgment for that of the Superintendent unless the decision is arbitrary, illegal, or unreasonable as defined by the Maryland State Board of Education. B. In cases involving the discipline or discharge of a certificated employee, the Board shall exercise its independent judgment on the record before it in determining whether to sustain the suspension or dismissal of a certificated employee. The Superintendent has the burden of proof by a preponderance of the evidence. C. The Board shall deliberate on the facts, evidence, and testimony presented at the hearing in those cases where the Board holds an evidentiary hearing. D. Formal action of the Board will be taken publicly at a Board meeting. E. The Board shall notify the parties in writing of the decision of the Board. 6

7 1. Each Opinion and Order of the Board shall be mailed in writing to all parties by certified mail or any other delivery method which provides proof of delivery. 2. The hearing examiner s Findings of Fact, Conclusions of Law, and Recommendation shall accompany the Opinion and Order when applicable. IX. Appeal of Board s Decision to State Board Decisions of the Board may be appealed to the Maryland State Board of Education in accordance with that agency s procedures and timelines. Legal References: Annotated Code of Maryland, Education Article 4-205, Powers and Duties of County Superintendent. Annotated Code of Maryland, Education Article 6-202, Suspension and Dismissal of Teachers, Principals, and Other Professional Personnel Annotated Code of Maryland, Education Article 6-203, Hearing Examiner in Certain Counties and Baltimore City COMAR 13A.01.05, Appeals to the State Board of Education COMAR 13A , Dispute Resolution Related Policies: Board of Education Policy 1300, Use of School Facilities Board of Education Policy 8341, Appeal Before a Hearing Examiner Policy Adopted: 04/13/72 Revised: 08/19/82 Revised: 02/21/85 Revised: 04/08/08 Revised: 09/06/11 Revised: 04/17/12 Revised: 06/11/13 Revised: 09/09/14 Edited: 11/17/15 Board of Education of Baltimore County Copyright 2015 Baltimore County Public Schools. All rights reserved. 7